In a significant move, the Supreme Court of India has urged the Union Government to consider introducing a "Romeo-Juliet" clause within the Protection of Children from Sexual Offences (POCSO) Act, 2012. This recommendation comes amid growing concerns about the misuse of the Act in cases involving consensual relationships between adolescents. The court's observation aims to strike a balance between protecting children from sexual abuse and exploitation and preventing the unfair criminalization of genuine adolescent relationships.
The POCSO Act, enacted to protect children from sexual abuse, sets the age of consent at 18 years. This means that any sexual activity involving individuals below this age is considered a criminal offense, regardless of consent. However, courts have observed a rising trend of the Act being invoked in cases where adolescents are in consensual relationships, often reported by disapproving families. The Supreme Court has acknowledged that families sometimes misuse POCSO against consensual adolescent couples.
The Supreme Court bench, comprising Justices Sanjay Karol and N. Kotiswar Singh, addressed the issue while setting aside directions from the Allahabad High Court in a bail case under the POCSO Act. The High Court had mandated medical tests to determine the victim's age at the start of every POCSO investigation and allowed bail courts to question school or birth records if they seemed doubtful. The Supreme Court found that the High Court had overstepped its authority by issuing these directives during a bail hearing, as bail courts are not meant to conduct "mini-trials" or conclusively decide on disputed facts like age.
The Supreme Court emphasized that the POCSO Act should protect children from sexual abuse and exploitation, but it is increasingly being misused by families opposing relationships between young people. The court noted instances where the victim's age is misrepresented to bring the accused under the POCSO Act's stringent provisions, even in consensual relationships between teenagers close in age. The Bench observed that this misuse creates a deep injustice.
To address this issue, the Supreme Court has suggested incorporating a "Romeo-Juliet" clause to exempt genuine adolescent relationships from the Act's strict provisions. This clause would provide a legal exception for consensual relationships between adolescents who are close in age, similar to provisions in other countries. The court has explicitly asked the Law Secretary to consider introducing such a clause to protect genuine adolescent relationships. They also suggested creating a mechanism to prosecute those who misuse these laws to settle personal scores.
The proposed "Romeo-Juliet" clause aims to prevent the law from being weaponized to punish consensual teenage relationships, safeguarding young men from being unfairly criminalized for normal teenage relationships. The court stressed that real child safety requires punishing the misuse of POCSO, not protecting those who exploit it for personal vendettas.
The Supreme Court's call for a "Romeo-Juliet" clause in the POCSO Act signifies a crucial juncture in India's approach to adolescent rights. By differentiating between consensual relationships and exploitation, the proposed amendment seeks to ensure fairness while maintaining robust protections against abuse. The Union Government's response will be pivotal in determining whether India adopts a more nuanced legal framework for adolescent relationships, aligning with other jurisdictions that have similar provisions.
